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An Electronic Travel Authorization (eTA) is a new requirement for foreign nationals from visa-exempt countries arriving in Canada by air, whether to visit the country directly or to pass through in transit.

The Canadian Government launched its new Express Entry Immigration System on January 1, 2015. Immigration Lawyer Colin Singer, Managing Partner of Immigration.ca and Global Recruiters of Montreal (www.grnmontreal.com), shares insight into what potential immigrants and Canadian employers can expect.

How do you anticipate Express Entry will operate?

The Federal Skilled Worker Program, FSWP the largest component of Canada’s Economic Class previously functioned under a first in/first out, point based system that attempted to measure the potential “human capital” contribution of an immigrant to Canada.

Under the new Express Entry system, Canada’s Immigration Minister will promote an Employer Driven selection model by taking on a matching, facilitator approach to recruitment. Canada’s immigration department will become an online electronic interface between foreign national applicants and potential hiring employers in Canada.

Under Express Entry, qualified applicants across many occupations will be invited to submit their profile to an Express Entry Pool and to the Canada Job Bank.

Employers will be encouraged to review candidates with the highest ranking and provide a job offer to the candidate of their choice.

Applicants with an approved job offer or those selected by a province or with “Provincial Nomination” will be considered a “match” and will be invited to formally apply for Canadian permanent residence.

The profiles of the remaining applicants will be ranked for consideration without a “sponsor” or hiring employer. Using a point system according to a number of selection factors such as Age, Education, Language, Experience and other factors, the highest ranked candidates will be considered for their potential “human capital” contribution to Canada.

Immigration authorities will then decide which of the highest ranked applicants will be invited to apply for permanent residence. This will take place across applicable economic class programs, including the Federal Skilled Worker Program, the Skilled Trades Program the Canada Experience Class and other programs.

The 10 provinces and territories will retain autonomy to continue selecting immigrants under their immigration programs.

How long will this process take?

Applicants who are invited to apply for permanent residence will have 60-days to submit a full application. The government promises a selection decision in 6-months or less in most cases.

Applicants who receive a selection decision will then undergo medical and security formalities which could take another 6 months to conclude after a positive decision. Overall processing time will likely range 6-12 months for the majority of applicants.

Under Express Entry, will applicants be dependent on a job offer from a “sponsor” Canadian employer?

Annual levels for 2015 have been raised to between 260,000 – 285,000 which will represent Canada’s highest immigration levels in 5 years. From this level approximately 170,000 will comprise Economic Class immigrants and their dependants. A qualified job offer from an employer in Canada is a significant benefit but is not a requirement. The numbers of applicants who are expected to succeed in securing an approved job offer under Express Entry will likely be modest.

Will the Federal Skilled Worker Program continue under Express Entry?

The FSWP will continue to comprise the largest number of admissions to Canada.

Will Express Entry succeed?

As immigration lawyers and professionally licensed recruiters on behalf of Canadian employers, we believe that most small and mid-sized employers will be reluctant to take on the task of direct recruitment. Many employers will continue to rely on the services of skilled recruiters.

Employers with pressing hiring needs will unlikely wait a period of 6 months or longer for a candidate to begin employment.

The Canada Job Bank under the new Express Entry system may become a marginal or secondary source of potential candidates for recruiters. At best, this could account for a modest number of applicants selected by employers under the new system.

However for the remaining candidates without a job offer from a Canadian employer, immigration authorities will invite the highest ranked candidates to apply for permanent residence under the Federal Skilled Worker Program and other federal programs.

The Federal Skilled Worker Program will continue to represent the largest number of Economic Class immigrants to Canada with most being selected under the human capital contribution assessment approach.

Express Entry will succeed to the extent that the inventory of potential candidates and the processing of applications for permanent residence by the Canadian government will be easier to manage than previously.

How is immigration.ca positioned for Canada’s new Express Entry Immigration System?

We strongly believe that employment recruitment and individualized search consulting assistance is an important consideration for all immigrant applicants to Canada. In 2007, we acquired Global Recruiters of Montreal (www.grnmontreal.com) an independently owned franchise of Chicago based Global Recruiters Network. GRN Montreal provides search consulting expertise that applicants and employers require. For the past 7 years we have provided all our immigration clients with invaluable, search consulting services from our in-house trained recruiters. We believe our clients have the best chances to succeed in their immigration projects under the new Express Entry Immigration to Canada.

The Government of Canada will increase immigration levels significantly in 2015. Citizenship and Immigration Canada aims to welcome as many as 285,000 new permanent residents this year. This represents a significant increase in levels from previous years.

Canada’s increased immigration levels, coincides with the implementation of Express Entrya new immigration system which processes immigrants to Canada under Economic Class programs. Applicants seeking permanent residence, who meet minimum criteria, submit an online expression of interest profile to the Express Entry Pool. Candidates without an approved job offer or provincial nomination must also submit an employment profile to the Canada Job Bank. Candidates in the pool will be available for consideration by employers who cannot access Canadians and to provincial governments for nomination under Provincial Nominee Programs PNP’s. The profiles of candidates in the pool are ranked under a Comprehensive Ranking System according to their age, education, language, experience and other factors.

The maximum score is 1200. Applicants with an approved job offer from a Canadian employer (positive Labour Market Impact Assessment) or candidates nominated by a province receive an additional 600 points.

The highest ranked candidates will be considered by the Federal government for an invitation to apply (ITA) for permanent residence. The government aims to process applications in 6-months.

The government plans to conduct periodic draws throughout the year. An applicant can remain in the pool for up to one year. An applicant who does not receive an ITA during this period will be removed from the pool and will need to re-submit a new profile. Thus an applicant’s ranking in the pool will vary for each draw as new profiles enter and others are removed.

Immigration falls under a shared jurisdiction between the federal, provincial and territorial governments. Provincial Nomination Programs are widely viewed as an alternative option for many foreign nationals to gain Canadian permanent residency. Every province has implemented its own provincial nomination program, each with its own criteria, in order to promote immigration policies best suited to a province’s particular needs. The Province of Quebec promotes its own immigration programs under special status.

From the federal express entry pool a participating province can select between 350 to 1,000 applicants for nomination to their province each year depending on agreements with the federal government. Other provinces are expected to launch express entry programs in 2015.

According to a recent British Columbia Labor Outlook report, planned or confirmed economic activity in the province is expected to create around 985,000 job vacancies by 2022. Further, the province will require 100,000 new employees from the LNG activity. In all, British Columbia will require a million individuals for newly-created skilled jobs by 2022.

The province may end up with stalled projects worth billions of dollars over the next decade unless a quick fix is found for the acute shortage of skilled labor in the province. The provincial administration is expected to depend on immigrants and workers from Asian countries to tackle the existing and future labor shortages.

An important step towards tackling the predicted labor shortage was taken with the introduction of a new Express Entry British Columbia stream under the Province Nominee Program. This stream will work in sync with the Federal Express Entry system introduced by Citizenship and Immigration Canada. The Federal system came into force on 1st January, 2015 for facilitating easier entry of skilled labor into Canada.

Since the new stream introduced by BC works in tandem with the Federal Scheme, applicants can enjoy the benefit of priority processing of the British Columbia PNP application, and of the permanent residence application, which, of course, will be processed only if the applicant is nominated.

British Columbia’s Minister of Jobs, Tourism and Skills Training and Minister Responsible for Labor stated that the administration wanted to accord top priority to British Columbians for all the jobs in the province. However, the Minister conceded that economic immigration is vital for fulfilling the rising demand for labor in the growing economy of the province.

Express Entry British Columbia is expected to streamline the process and serve as the gateway for skilled workers from all over the world who wish to permanently reside in the province. Labor analysts and immigration experts anticipate a surge in applications from countries like India, China, Philippines, and other Asian countries. In 2014, Philippines sprung a surprise to beat China and India and become the biggest source for new immigrants seeking to shift to Canada.

Canada is an attractive destination for Asian migrants seeking better opportunities and a high quality of living abroad. The acute shortage of labor combined with the high standard of living in Canada is the reason why the country is attracting new immigrants in record numbers.

Canada has implemented a new immigration system designed to make it easier for skilled young migrants with professional qualifications to enter the country. The earlier system that was in force throughout 2014 had been panned for not being effective in attracting migrants to Canada.

Launched on January 1, the Express Entry system accords higher priority to those who have already been offered jobs in Canada. Prior to this system, Canada had been relying on the Temporary Foreign Worker Program, which had been implemented by Conservative Prime Minister Stephen Harper to cater to the shortage of skilled labor in Canada.

Official data indicates that a significant proportion of the 330,000 temporary workers accepted in 2012 ended up working in fast-food outlets. On the other hand, Canada had granted entry to around 100,000 temporary foreign workers with most migrants working in agriculture or in jobs in remote parts of the country. This figure dropped to around 240,000 in 2014, and the Citizenship and Immigration Minister has stated that Canada intends to grant entry to around 260,000 to 285,000 migrants in 2015.

The entry of temporary workers from foreign countries has been justified by the administration on the ground that Canadians don’t prefer working in fast-food outlets. This is why the government is seeking foreign workers, although these migrants cannot seek permanent residence, and have to accept fewer rights and lesser benefits as compared to Canadian residents.

The three-fold increase between 2002 and 2012 has coincided with the policy that allows companies to pay just 85% of normal wages to foreign workers from Latin American countries and nations like the Philippines. However, this has had a detrimental impact on the Canadian labor market and companies prefer to replace Canadian citizens with less expensive foreign labor.

After withstanding pressure from trade unions for a long time, the government finally came clean in 2014 and admitted that the Temporary Foreign Worker Program was being abused by employers. In some cases, foreign workers were even given death threats by employers. Succumbing to pressure, the government went ahead and suspended a part of the Program.

After being criticized for tinkering with the immigration system for the sole purpose of catering to the needs of the most influential sectors of the economy, the Harper government has introduced the Express Entry system to silence its critics.

Under the Express Entry system, candidates will be assessed on the basis of a wide range of factors like age, education, proficiency in language, and work experience.

The Immigration Minister has pointed out that the new system allows the government to select those immigrants who shall be top contributors to the Canadian communities, its labor market, and its overall economy.

Close on the heels of the new Federal system, British Columbia has implemented a skilled-worker immigration program for catering to employers who need high-skilled labor without lengthy delays. The stream will be focused primarily on those with offers for full-time and permanent jobs, and who, further, have the economic means to support themselves in the country.

Under the new stream introduced by British Columbia, applicants must apply through the Express Entry system introduced by the Federal Government. The applicants must complete the assessment under the program and fit into one of the economic immigration streams under the program. Then, they must specify their interest to settle in British Columbia.

After this, they must apply under the Express Entry system of the province under one of its four categories. The four categories are:

Skilled Worker: Occupations that require university degree or trade school diploma. This category includes management jobs, professional jobs, and trading jobs.

International Graduate: For migrants with degree from a recognized post-secondary institution or diploma or certificate from public post-secondary institutions in Canada.

International Post Graduate: Migrants with Master’s or Doctoral degree in natural, applied, or health sciences. The degree must have been received not more than two years before the application. The degree must have been granted under an eligible program at a post-secondary institution in the province.

Except for the International Post Graduate category, the immigrants must have a full time job offer of an indeterminate length with wages that will be adequate for the immigrant to support himself or herself in the province.

Further, the provincial Express Entry system will prefer immigrants with several years of experience. It is not aimed at facilitating the entry of immigrants seeking low-skilled jobs in fields like agriculture, caregiving, or food-related occupations. Such immigrants must seek short-term work permits or enter through international exchange programs or through the Temporary Foreign Worker Program.

CIC’s decision to increase nominee slots for the province to 5,500 in 2015 has brought it at par with the Prairie province. In 2014, British Columbia had been issued 4,150 slots, significantly lower than the spaces granted to the Prairie province.

Canada’s immigration points system was introduced in 1967 as a method of tackling discrimination and prejudice from the process of choosing which immigrants to let in. This system essentially ignored an applicant’s race and country of origin, thereby giving minorities an equal chance as white skinned counterparts. The points system rewarded education, fluency in English or French and work experience. It enabled Canada’s immigration demographics to change dramatically. Led by China, Asians replaced white Europeans as the dominant immigrant group.

The idea behind the points based system was a visionary one at the time and several countries, including Australia, New Zealand and Singapore, adopted the Canadian-style system. These countries have since taken the lead in managing a robust immigration program, by introducing an employer driven selection model. On January 1, 2015, Canada has tried to follow suit with the introduction of its new Express Entry Immigration System. But as has occurred since the Conservatives came to power in 2006, Canada is no longer the policy leader in the immigration industry.

Even today with most European countries and the United States looking for ways to close their doors to immigrants, Canada recently lifted its target for new permanent residents from 265,000 a year to 285,000. However, Canadian policy is changing and after coming into power in 2006, the Conservatives have moved solely toward letting in workers with job offers. The new “Express Entry system” greatly increases the weight given to offers of employment for people applying to become permanent residents.

New Zealand and Australia started giving preference to job holders in 2003 and 2009 respectively. Critics worry that in shifting to a policy based on economic logic, Canada is making the system more vulnerable to fraud and discrimination.

The original points based system was not without its flaws. While immigrants escaped discrimination at the entry gates, they often faced it during their job hunt. Further, employers did not always recognize skills and education acquired abroad, especially outside Europe. This led to doctors from Asia and Eastern Europe becoming driving taxis and architects working at convenience stores. Today, the unemployment rate among immigrants is nearly 50% higher than that of Canadian-born workers. But these figures are not reflective of current admissions to Canada.

Employer-led systems aim to reduce the mismatch between available jobs and immigrants’ skills, and encourage them to settle outside big cities such as Toronto, Vancouver and Montreal, where the bulk of Canada’s immigrant population settles.

Initially, the government tried to please employers by sharply increasing the number of foreign workers allowed in temporarily in an attempt to fill low- and semi-skilled jobs that Canadians did not want. However, problems arose when instead of discriminating against immigrants employers went out of their way to hire them at lower cost.

Express Entry ranks economic migrants on a 1,200-point scale, with 600 points awarded to those with a job offer or a nomination under one of Canada’s provincial immigration programs. Those with the highest scores will be invited to apply for permanent residency under one of three economic entry programmes. The rest remain in a pool from which the government and eventually employers can cherry pick. The belief is this new system will help attract the engineers, information-technology specialists and health-care workers that Canada needs.

The changes deal with earlier problems by requiring that applicants prove in advance that their credentials are recognized in Canada and by requiring employers to show in advance that no eligible Canadian is available for the job. With the new scheme, applicants in their 20s get maximum points for age. Canada’s new ideal immigrant is younger, more polyglot, has already worked longer in Canada than the older version and, unlike him or her, has a job offer. The system has transformed the immigration department into a giant online manpower agency.

Visa officers fear that non-existent employers will offer fictitious jobs to residents’ friends and families making this employer-led system ‘fraught with fraud’, according to a survey commissioned by the immigration department. Immigrants who are tied to an employer for a fixed period are at risk of abuse. Unlike the old points system, which is neutral on race and nationality, the new one makes it possible for employers to discriminate in ways that are hard to detect.

Under the ‘adaptability’ category, the old points system gave applicants credit for family members in Canada; the new system does not have this provision. Jason Kenney, who preceded Mr. Alexander as immigration minister, tightened admissions of refugees saying that too many immigrants ‘take advantage of our country’. A court ruled that his cuts to spending on refugees’ health care were cruel and unconstitutional,

According to Mr. Alexander, today’s Canadians are younger and better educated than ever before with immigrants today having a much higher incidence of post-secondary degrees than the Canadian population at large. Canada’s future may look promising. But the past vision has clearly changed under the Conservative government.

A new express entry canada immigration system will give skilled immigrants express entry into Canada. Under the new system, those immigrants with a higher demand will be inside Canada within six months. Beginning on Jan. 1, skilled immigrants will be matched with vacant jobs where no Canadian workers are available. Only the candidates with the most points will be offered permanent residency. A maximum of 600 points will be given to skilled immigrants who receive a permanent job offer from a Canadian employer or who have been nominated for immigration by a province or territory.

Immigration Minister Chris Alexander said these are the ones that will be “picked first”. He also noted the “first draw” for permanent residency applications is scheduled for the last week of January.

Skilled immigrants will receive up to 1,200 points based on factors in two major categories with no minimum level of points is needed to qualify:

A maximum of 500 points will be allotted for “core human capital factors” such as age, education level, language proficiency and work experience in Canada.

A maximum of 100 points will be assigned for “skill transferability factors,” such as education level, foreign work experience and a certificate in the trades.

Candidates who have a permanent job offer from a Canadian employer or those who have been nominated for immigration by a ministry or province will qualify for a maximum of 600 points, and would likely have an advantage of being “picked first” over other applicants.

Under express entry the government will control applications instead of processing applications on a first-come, first-served basis — as is the case now. Critics are concerned with the lack of openness, transparency, oversight or accountability.

Employers appear supportive of the new system, but are not clear on how skilled immigrants will be matched with available jobs in Canada.

According to the government, approximately 65,000 to 75,000 skilled workers will be offered permanent residency in 2015 under one of three categories:

47,000 to 51,000 will come through the federal skilled worker class and the federal skilled trade’s class.

21,000 to 23,000 skilled workers through the Canadian experience class.

An additional 46,000 to 48,000 skilled workers will receive permanent residency through the provincial nominee program under express entry.

Successful applicants must also undergo health exams and security checks and will be required to show proof of funds available to support themselves and their family.

A few examples of how prospective candidates might be ranked under the new express entry system are given below:

Case 1: 32-year-old IT programmer without a spouse

Age: 94 points

Full proficiency in English: up to 136 points

Proficiency in French: 0 points

Post-secondary program credential of three years or longer: 120 points

Transferable skills: up to 100 points

Canadian work experience: 0 points

Sub-total: up to 450 out of 600 points

Additional 600 points for a nomination from a ministry or province or for a permanent job offer

Total: up to 1,050 points.

Case 2: 27-year-old IT engineer and designer without a spouse

Age: 110 points

Proficiency in either English or French: up to 136 points

Proficiency in a second official language: up to 24 points

Equivalent of a Master’s degree: 135 points

Transferable skills: up to 100 points

Canadian work experience: up to 80 points

Sub-total: up to 585 out of 600 points.

No permanent job offer or a nomination from a province or territory: 0 points.

Total: up to 585 points.

Case 3: 45-year-old financial analyst with a spouse

Age: 0 points.

Proficiency in either English or French: up to 128 points.

Proficiency in a second official language: up to 22 points.

Equivalent of an undergraduate university degree: 120 points

Transferable skills: up to 100 points.

Canadian work experience: up to 70 points.

Spouse factors: up to 40 points.

Sub-total: up to 480 points out of 600 points.

Additional 600 points for a permanent job offer or a nomination from a province or territory.

Total: up to 1,080 points.

Attorney Colin Singer Commentary:

The Federal Skilled Worker Program will continue to represent the largest number of Economic Class immigrants to Canada with most being selected under the human capital contribution assessment approach.

Employers with pressing hiring needs will unlikely wait a period of 6 months or longer for a candidate to begin employment. The Canada Job Bank under the new Express Entry system may become a marginal or secondary source of potential candidates for recruiters. At best, this could account for a modest number of applicants selected by employers under the new system.

Express Entry will succeed to the extent that the inventory of potential candidates and the processing of applications for permanent residence by the Canadian government will be easier to manage than previously.